beta
(영문) 대전지방법원서산지원 2015.07.24 2014가단8440

손해배상

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 19, 2012, the Plaintiffs completed the registration of transfer of ownership based on trade in their names with respect to K forest land of 13,502 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, where the Defendants shared.

B. However, on October 14, 2013, in order to newly register the forests and fields registered in the forestry cadastral book and forestry cadastral map, which are small scale (1: 6,000), the area was surveyed into 13,154 square meters, as a result of the registration conversion conducted on October 14, 2013.

[Ground of recognition] Gap evidence Nos. 1 through 3, Eul evidence Nos. 2, the fact-finding results on the director of the Taean National Land Information Corporation in this court, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiffs’ assertion (i.e., the sales contract between the Plaintiffs’ assertion and the Defendants is the sale and purchase that designated the volume. Since the actual area of the subject matter of the said sale is less than 348 square meters than the area at the time of the contract, the Defendants are obligated to return to the Plaintiffs the purchase price of KRW 1,220,000,000 equivalent to the above shortage of KRW 348 square meters pursuant to Articles 574 and 572 of the Civil Act.

The sales contract between the plaintiffs and the defendants is not a designated volume, but a sale contract between the plaintiffs and the defendants, and the area of the forest is 13,154 square meters, the area entered in the public register is determined according to a scale change in the registration conversion process, and the quantity is not sufficient.

B. The "sale and purchase" stipulated in Article 574 of the former Civil Code refers to the case where the parties set the price based on the volume at the time that the specific goods, which is the object of the sale, have a certain quantity. Therefore, even if the object of sale and purchase of land is specified according to the area on the registry, if the parties were to evaluate the designated area as a whole even if it was specific according to the area on the registry, and since the area calculated by the area was merely one standard, it appears that it was a measure to specify the land between the parties and determine the price